Sehremelis vs. Sehremelis
The general Demurrer to the First Cause of Action for failure to state a cause of action is overruled. The special Demurrer to the First Cause of Action for uncertainty is sustained, 10 days leave to amend. The Demurrer to the Second Cause of Action is sustained, without leave to amend. The general Demurrer to the Third Cause of Action for failure to state a cause of action is overruled. The special Demurrer to the Third Cause of Action for uncertainty is sustained, 10 days leave to amend. The Motion to Strike is granted, on the grounds that the special damages are not particularly alleged in Third Cause of Action based in deceit precluding punitive damages, 10 days leave to amend.
As to the First Cause of Action, Cross Defendant is incorrect that the Dissolution Agreement limits recovery to injunctive relief. The Dissolution Agreement merely gives the right to injunctive relief, in addition to other rights and remedies. As to the issue of special damages, Cross Complainant correctly points out that in contract, rather than in tort, a party may recover even nominal damages for breach. (Midland v. King (2007) 157 Cal. App. 4th 264, 275). While a Cause of Action is therefore stated, the special damages sought must be particularly alleged, and the demurrer for uncertainty is therefore sustained.
As to the Second Cause of Action, no cause of action is stated, as consideration is recited, and even alleged, which precludes a cause of action for promissory estoppel (Healy v. Brewster (1963) 59 Cal. 2d 455, 463). What happened subsequently is irrelevant as to whether there was consideration in the first instance.
As to the Third Cause of Action, it is uncertain, as it fails to particularly allege the special damages it seeks, and they must be particularly alleged. (Healy v. Brewster (1963) 59 Cal. 2d 455, 463).
As to the Motion to Strike, the failure to particularly allege special damages precludes the award of punitive damages. (Kizer v. County of San Mateo (1991) 53 Cal. 3d 139, 147).
Moving party to give notice.